BE IT REMEMBERED that heretofore
on the 7th day of November,
2001, there came to be heard
matters under the regulatory
authority of the Parks and
Wildlife Commission of Texas,
in the commission hearing
room of the Parks and Wildlife
Headquarters complex, Austin,
Travis County, Texas, beginning
at 9:35a.m. to-wit:

Amendment: Item #2 – April
1 date relates to Triple-T
in the second paragraph

Motion: Commissioner Ramos

Second: Commissioner Henry

III. THE FOLLOWING ITEMS
WERE PRESENTED FOR COMMITTEE
ACTION:

1. CHAIRMAN’S CHARGES

The chair recognized Executive
Director Andrew Sansom.
Mr. Sansom informed the
committee that two items
on the agenda were in response
to legislative direction,
regulations concerning a
closed season for crabbing
and regulations concerning
floating cabins. Mr. Sansom
also noted that the department
was conducting investigations
of the shrimping industries
as directed by sunset legislation.

2. CLOSED SEASON FOR CRAB
TRAPS IN TEXAS COASTAL WATERS

The chair recognized Mr.
Hal Osburn, director of
the Coastal Fisheries Division.
Mr. Osburn reviewed the
background concerning abandoned
crab traps and the granting
of statutory authority to
the department to create
a closed season for crabbing
in order to allow abandoned
crab traps to be identified
and removed. Mr. Osburn
also provided information
on the involvement of the
regulated community and
other concerned parties
in formulating the regulatory
response. Mr. Osburn then
explained how the regulations
would function and reviewed
the public comment received
by the department and the
department's response. Commissioner
Angelo inquired as to the
extent of participation
by the crabbing industry.
Mr. Osburn replied that
the crabbing industry was
heavily involved during
the legislative session.
Commissioner Fitzsimons
asked about negative aspects
of a shorter closure. Mr.
Osburn replied that a shorter
closure would place cleanup
operations at the mercy
of the weather. Commissioner
Fitzsimons placed the item
on the agenda of the full
commission for adoption.

3. FLOATING CABINS

The chair recognized Mr.
Dennis Johnston, director
of Marine Enforcement. Mr.
Johnston began by providing
background on the legislative
action authorizing the department
to regulate floating cabins
in coastal waters. He then
reviewed the public comment
received by the department.
Mr. Johnston continued by
explaining the details of
the regulatory package,
noting the instances where
public comment or staff
analysis indicated the need
for changes to the proposed
rules. Chairman Idsal asked
for a characterization of
the cabins whose owners
had not sought permits.
Mr. Johnston replied that
the majority seemed to be
in disrepair or abandoned.
Chairman Idsal then asked
for an idea of why the number
of permit applications had
increased. Mr. Johnston
replied that in his opinion,
it was due to an increase
in new cabins being built
to beat the deadline. Commissioner
Ramos inquired about the
penalty for violation of
the regulations. Mr. Johnston
responded that a violation
was a Class C misdemeanor,
and the second violation
was a Class B misdemeanor.
Commissioner Ramos then
asked if the department
had authority to remove
cabins found to be in violation.
Mr. Johnston replied in
the affirmative. Commissioner
Henry asked Mr. Johnston
to address the public response
to the change in the minimum
required distance between
cabins Mr. Johnston replied
that the response had been
generally favorable. Commissioner
Fitzsimons inquired about
inspection of cabins following
transfer of ownership. Mr.
Johnston responded that
the department was able
to inspect cabins at any
time for regulatory compliance.
Commissioner Fitzsimons
then asked about the required
bond and if it would be
sufficient to cover the
department's expenses in
removing a cabin. Mr. Johnston
replied that it would not,
and that the bond became
available to the department
only after the owner relinquished
ownership of the cabin.
Chairman Idsal asked Mr.
Johnston to clarify that
the bond was forfeited upon
transfer of ownership, which
Mr., Johnston did. Chairman
Idsal asked why the statute
did not provide for new
owners. Mr. Johnston responded
that he did not know. Commissioner
Angelo asked about the fund
to which the bond money
would be deposited. Mr.
Johnston noted that the
money was required to be
placed in a dedicated account.
The committee then discussed
the possibility of selling
abandoned cabins as salvage
as a way of recouping expenses
in removing them. Mr. Johnston
also clarified, upon a question
from Commissioner Ramos,
that when a cabin was a
relocated, the owner relinquished
any right to the previous
location. Mr. Johnston also
reviewed notification procedures,
when asked by Commissioner
Ramos. Commissioner Fitzsimons
then noted for the record
that a terminological distinction
needed to be made in referring
to the regulated community
as permittees, rather than
owners. He then placed the
item on the agenda of the
full commission for adoption.

4. POTENTIAL CHANGES TO
THE STATEWIDE HUNTING AND
FISHING PROCLAMATION

The chair recognized Mr.
Phil Durocher, director
of the Inland Fisheries
Division. Mr. Durocher began
by discussing the process
by which his division developed
regulations proposals, and
then provided a technical
explanation of the biological
effects of harvest regulations
on both the habitat and
the resource within the
context of strategies and
goals for particular fisheries.
He then addressed individual
proposals, identifying the
reasons and strategies for
each.

The chair then recognized
Mr. Hal Osburn, director
of the Coastal Fisheries
Division. Mr. Osburn provided
background on the status
of regulations on spotted
sea trout, and the possibility
of altering those rules
to increase effective management.
He reviewed the department's
outreach efforts, the viewpoints
of various segments of the
regulated community, and
the probable results of
various permutations of
the regulations with respect
to the resource and the
angling community. Commissioner
Angelo asked for clarification
on the possible elimination
of bag limits for guides.
Mr. Osburn did so.

The chair then recognized
Mr. Gary Graham, director
of the Wildlife Division,
who in turn introduced Mr.
Jerry Cooke, chief of the
Game Branch. Mr. Cooke began
by detailing regulations
regarding closed seasons
in certain state-owned riverbeds
and their repeal. He then
proceeded to other potential
changes involving proof
of sex, use of dogs, and
changes to seasons, bag
limits, and permit privileges
with respect to white-tailed
deer and turkey. Commissioner
Ramos inquired asked about
changes to regulations extending
the antlerless harvest in
certain Panhandle counties.
Mr. Cooke replied that it
was not so much of an expansion
as it was a rewording of
regulatory language to ensure
that the Thanksgiving weekend
was included, which would
mean slight variations in
season length from year
to year. Commissioner Fitzsimons
asked about the nature of
harvest records maintained
by hunting cooperatives
in counties possibly being
affected by new buck regulations.
Mr. Cooke replied that he
would have to speak to field
personnel. Commissioner
Angelo commented that groups
from the affected counties
felt that the regulation
was needed due to small
average size of land ownership.

The chair recognized Mr.
Hal Osburn, director of
the Coastal Fisheries Division.
Mr. Osburn began by addressing
the status of a rule review
mandated by legislative
action and various changes
to shrimping regulations.
Mr. Osburn then reviewed
public comment with respect
to both items. Commissioner
Fitzsimons asked about the
timetable for the shrimp
fishery study. Mr. Osburn
replied that staff was on
schedule for completion
by the September 2002 deadline
and addressed the various
efforts that were underway.
Commissioner Henry inquired
about details concerning
staff actions to ensure
that industry input was
adequately solicited and
addressed, which Mr. Osburn
provided. An extended discussion
on the details of the staff
study ensued, involving
Mr. Osburn, Mr. Sansom,
and Commissioners Henry,
Fitzsimons, and Ramos. Commissioner
Fitzsimons then placed the
item on the agenda of the
commission for adoption.

The chair recognized Mr.
Robin Riechers, management
director of the Coastal
Fisheries Division. Mr.
Riechers addressed the results
of the legislatively mandated
rule review of oyster regulations
and the regulatory changes
to oyster rules required
by other legislative action.
He provided economic and
technical data regarding
oyster leases and the oyster
industry, and the expected
ramifications of department
regulatory action. Commissioner
Henry asked if the staff
proposal adequately addressed
the concerns of the legislature.
Mr. Riechers responded that
staff had formulated the
rule changes based on specific
recommendations of the legislature,
and provided a technical
explanation of each point.
Commissioner Fitzsimons
asked for historical data
concerning oyster lease
prices, which Mr. Riechers
provided. Chairman Idsal
and Commissioner Angelo
asked about the department's
ability to increase fees
as warranted in the future.
Mr. Riechers replied that
statutory authority provided
for that action, adding
that prior to the most recent
legislative action, the
fees had been set by the
legislature, rather than
by the commission. A discussion
on the mechanics of adjusting
lease fees then took place
among Chairman Idsal, Commissioners
Henry, Angelo, Fitzsimons,
and Ramos, and Mr. Riechers.
Commissioner Fitzsimons
authorized staff to publish
the proposed rules in the
Texas register for public
comment.

7. EQUINE ANEMIA REGULATIONS

The chair recognized Jerry
Cooke, chief of the Game
Branch in the Wildlife Division.
Mr. Cooke informed the committee
of the possibility of equines
being exposed to equine
infectious anemia on state
parks and wildlife management
areas, and a staff proposal
to require all persons bringing
equines to public lands
to possess proof of a negative
test for the disease. Chairman
Idsal asked if there had
been any instances of equines
being infected as a consequence
of visitation to department
lands. Mr. Cooke replied
that he was not aware of
any. Commissioner Fitzsimons
commented that he had received
correspondence from equine
users asking for the regulations.
Commissioner Henry inquired
about applicability to things
such as department-sponsored
trail rides. Mr. Cooke replied
that regulations could only
be enforced on department
lands, but that rules of
the Texas Animal Health
Commission would apply in
cases such as that noted
by the commissioner. Commissioner
Fitzsimons authorized staff
to publish the proposed
rules in the Texas register
for public comment.

8. TEXAS CERVID DISEASE
ISSUES

The chair recognized Jerry
Cooke, chief of the Game
Branch in the Wildlife Division.
Mr. Cooke provided a technical
discussion of diseases affecting
native deer, epidemiology,
historical instances of
disease outbreaks, issues
concerning deer imported
to Texas from other states,
and Texas regulations concerning
deer diseases. Commissioner
Angelo asked if the commission
had the authority to ban
the importation of deer.
Mr. Cooke replied in the
affirmative. Commissioner
Fitzsimons asked about required
interagency coordination
with other state agencies.
Mr. Cooke responded that
the commission could act
unilaterally. Chairman Idsal
asked about regulations
in other states. Mr. Cooke
responded that he would
research the topic and report
back, if the Chairman so
desired. Commissioner Watson
commented that he felt the
importation of deer into
Texas was unnecessary and
potentially dangerous to
native herds, and was in
favor of banning it. Commissioner
Fitzsimons noted that the
commission had no authority
to regulate exotic cervids,
which is in the purview
of the Texas Animal Health
Commission (TAHC), and asked
Mr. Cooke what that agency
was doing. Mr. Cooke replied
that the TAHC was concerned,
and that the department
was in regular contact with
TAHC about the subject.
Commissioner Ramos asked
for clarification on the
current legal requirements
for imported deer, which
Mr. Cooke supplied. Commissioner
Fitzsimons asked about various
testing protocols and requirements
of the federal government,
which Mr. Cooke provided.
Commissioner Fitzsimons
commented that perhaps the
commission should look into
the subject. Commissioner
Ramos commented that he
agreed with Commissioner
Watson's views. The committee
asked that staff consult
with TAHC and report back
on potential regulatory
action at the January commission
meeting.

Regulations Committee
Equine Anemia Regulations
January 2002

Regulations
Committee
Cervid Disease Issues
January 2002

I.
DISCUSSION: The
high visibility of Chronic
Wasting Disease (CWD),
Tuberculosis (TB) etc.
in the news media has
led to an increasing public
awareness of their potential
threat to the wild deer
resources in Texas. Recent
actions by the Texas Animal
Health Commission (TAHC)
in prohibiting the importation
of elk, white-tailed deer,
mule deer, and black-tailed
deer from the State of
Colorado highlight the
importance of cervid diseases
to livestock raisers in
Texas. Because the Parks
and Wildlife Commission
regulates possession of
white-tailed deer and
mule deer held under Scientific
Breeder Permits, there
are rules that can be
adopted by the Parks and
Wildlife Commission to
assist the TAHC in their
efforts. For example,
statute requires deer
that are “sold,
bartered, or exchanged
or offered for sale, barter,
or exchange” be
in a “healthy condition.” Defining “healthy
condition” within
the context of TAHC monitoring
and testing programs would
constitute such assistance.

Scientific
Breeder Permits
Proposal Preamble

1. Introduction.

The Texas Parks and Wildlife
Department proposes amendments
to §§65.601 and
65.611, concerning Scientific
Breeder's Permits. The amendment
to §65.601, concerning
Definitions, would add a
definition of the term 'healthy
condition.' The amendment
is necessary to define the
characteristics of deer
that may be lawfully sold,
offered for sale, transported,
temporarily relocated, or
released to the wild in
this state. The amendment
to §65.611, concerning
Prohibited Acts, would make
it an offense for any person
to sell, offer for sale,
transport, temporarily relocate,
or release into the wild
a deer that is not in a
healthy condition. The amendment
is necessary to prevent
the transmission of disease
to wild populations of deer
from deer possessed under
a scientific breeder permit.

2. Fiscal Note.

Robert Macdonald, regulations
coordinator, has determined
that for each of the first
five years that the rules
as proposed are in effect,
there will be no fiscal
implications to state and
local governments as a result
of enforcing or administering
the rules.

3. Public Benefit - Cost
Note.

Mr. Macdonald has also
determined that for each
of the first five years
the rules as proposed are
in effect:

(A) The public benefit
anticipated as a result
of enforcing or administering
the rules as proposed will
be the protection of wild,
native deer from communicable
diseases introduced by deer
imported into this state,
thus ensuring the public
of continued enjoyment of
the resource.

(B) There will be an economic
cost to small businesses,
microbusinesses, and persons
required to comply with
the rules as proposed, consisting
of the cost involved in
having the tests required
for herd certification performed.
The test for chronic wasting
disease is approximately
$25 per deceased deer. The
test for Tuberculosis Herd
Accreditation is estimated
at $150 (two farm calls
by a veterinarian; the veterinarian
receives the materials to
perform the test from the
Texas Animals Health Commission
at no cost ), plus any additional
veterinary charge, which
will vary, depending on
the veterinarian.

(C) The department has
not filed a local impact
statement with the Texas
Workforce Commission as
required by the Administrative
Procedures Act, §2001.022,
as the agency has determined
that the rules as proposed
will not impact local economies.

(D) The department has
determined that there will
not be a taking of private
real property, as defined
by Government Code, Chapter
2007, as a result of the
proposed rules.

The amendments are proposed
under Parks and Wildlife
Code, Chapter 43, Subchapter
L, which authorizes the
Parks and Wildlife Commission
to establish regulations
governing the possession
of white-tailed and mule
deer for scientific, management,
and propagation purposes.

§65.601. Definitions.
The following words and
terms, when used in this
subchapter, shall have the
following meanings, unless
the context clearly indicates
otherwise. All other words
and terms shall have the
meanings assigned by Parks
and Wildlife Code.

(1) Authorized agent—An
individual designated by
the permittee to conduct
activities on behalf of
the permittee. For the purposes
of this subchapter, the
terms 'scientific breeder'
and 'permittee' include
authorized agents.

(2) Certified Wildlife
Biologist—A person
not employed by the department
who has been certified as
a wildlife biologist by
The Wildlife Society, or
who:

(A) has been awarded a
bachelor's degree or higher
in wildlife science, wildlife
management, or a related
educational field; and

(B) has not less than five
years of post-graduate experience
in research or wildlife
management associated with
white-tailed deer or mule
deer within the past 10
years.

(3) Common Carrier—Any
licensed firm, corporation
or establishment which solicits
and operates public freight
or passenger transportation
service or any vehicle employed
in such transportation service.

(4) Deer—White-tailed
deer of the species Odocoileus
virginianus or mule
deer of the species Odocoileus
hemonius.

(5) Facility—One
or more enclosures, in the
aggregate and including
additions, that are the
site of scientific breeding
operations under a single
scientific breeder's permit.

(6) Healthy Condition – deer
possessed under a Scientific
Breeder permit are in
a healthy condition if
the scientific breeder
possessing the deer also
possesses:

(A) proof of a
current, valid herd health
plan for the deer within
the scientific breeder
facility approved by Texas
Animal Health Commission;
or

(B) proof that
the Texas Animal Health
Commission has certified
the deer within the scientific
breeder facility with
a Chronic Wasting Disease
Complete Monitored Herd
status no less stringent
than Level A under the
provisions of 4 TAC Chapter
40 (relating to Chronic
Wasting Disease); and

(C) proof that
Texas Animal Health Commission
has certified the deer
within the scientific
breeder facility with
a Tuberculosis Herd Accreditation
status no less stringent
than “Surveyed Herd” under
the provisions of 4 TAC
Chapter 40, Subchapter
C (relating to Eradication
of Tuberculosis in Cervidae).

(10)[(9)]
Serial Number—A permanent
number assigned to the scientific
breeder by the department.

(11)[(10)]
Unique number—A four-digit
alphanumeric identifier
used by the department to
track the ownership of a
specific deer. Unique numbers
may be assigned by the department
or by the permittee. If
the permittee chooses to
assign the unique numbers,
each deer must be tattooed
with the permittee's serial
number in one ear and the
unique number in the other
ear. No two deer shall share
a common unique number.

§65.611. Prohibited
Acts.

(a) Deer obtained from
the wild under the authority
of a permit or letter of
authority issued pursuant
to Parks and Wildlife Code,
Chapter 43, Subchapter C,
E, or R shall not be commingled
with deer held in a permitted
scientific breeder facility.

(b) A person commits an
offense if that person places
or holds deer in captivity
at any place or on any property
other than property for
which a scientific breeder's
permit, or a permit authorized
under other provisions of
this title or Parks and
Wildlife Code, is issued,
except that a permittee
may transport and temporarily
hold deer at a veterinary
facility for treatment.

(c) No live deer taken
from the wild may be possessed
under a scientific breeder's
permit or held in a scientific
breeder's facility.

(d) No deer shall be held
in a trailer or other vehicle
of any type except for the
purpose of immediate transportation
from one location to another.

(e) Possession of a scientific
breeder's permit is not
a defense to prosecution
under any statute prohibiting
abuse of animals.

(f) No scientific breeder
shall hunt or kill, or allow
the hunting or killing of
deer held pursuant to this
subchapter.

(g) No scientific breeder
shall exceed the number
of deer allowable for the
permitted facility, as specified
by the department on the
scientific breeder's permit.

(h) No person may
sell deer, offer deer
for sale, transport deer
(except as provided in §65.610(a)(5)
of this title (relating
to Transport of Deer and
Transport Permit)), temporarily
relocate deer, or release
deer into the wild in
this state if the deer
are in not in a healthy
condition as defined in §65.601
of this title (relating
to Definitions).

This agency hereby certifies
that the proposal has been
reviewed by legal counsel
and found to be within the
agency's authority to adopt.

I.
DISCUSSION: Responsibility
for establishing seasons,
bag limits, and means
and methods for taking
wildlife resources is
delegated to the Texas
Parks and Wildlife Commission
under Parks and Wildlife
Code, Chapter 61. The
potential changes are
based upon statutory requirements,
including scientific investigation
and required findings
of fact where applicable.
The proposed changes would
increase recreational
opportunity, promote enforcement,
and provide for the sound
biological management
of the wildlife resources
of the state.

The amendment to §65.1,
concerning Definitions,
adds a new definition of ‘antler
point.’ The amendment
is necessary to enforce
the provisions of §65.42(b)(5)(F)(iv),
which are amended in this
rulemaking to restrict buck
harvest in certain counties.

New §65.7, concerning
Harvest Log for Deer, creates
a requirement for hunters
to record certain information
on the hunting license,
which will be necessary
because the department will
introduce a new and simplified
license format for the next
license year.

The amendment to §65.9,
concerning Open Seasons:
General Rules eliminates
the closed season for game
animals and game birds in
state-owned riverbeds in
Dimmit, Uvalde and Zavala
counties. The amendment
is necessary pursuant to
House Bill 1, 75th Legislature,
Regular Session, 1997, which
directs each state agency
to perform a review of all
regulations not less than
every four years and to
justify the continuance
of each rule. The original
justification for the closed
seasons in those areas no
longer exists.

The amendment to §65.10,
concerning Possession of
Wildlife Resources, alters
the proof-of-sex stipulations
for white-tailed deer by
eliminating the requirement
that the head remain unskinned.
The amendment is necessary
to make the regulation more
user-friendly while still
preserving enforcement efficiency.

The amendment to §65.19,
concerning Hunting Deer
with Dogs, allows not more
than two dogs to be used
to trail wounded deer in
10 northeast-Texas counties.
The amendment is necessary
because the department has
determined that the practice
of hunting deer with dogs
(i.e., the use of dogs to
hunt deer, rather than track
wounded deer), which originally
prompted the ban on the
use of dogs, has declined
in the named counties to
the point that the regulation
is no longer required.

The amendment to §65.26,
concerning Managed lands
Deer Permits, makes nonsubstantive
changes to clarify the intent
of the regulation. The amendment
makes plain that bucks may
be taken by means of archery
on Level II MLD properties
during the archery season,
although an MLD buck permit
is required, and makes clear
that the term ‘appropriate
tag’ means a tag that
is appropriate for the sex
of the deer that has been
taken (i.e., a buck tag
can only be used on a buck
deer, and an antlerless
tag can only be used on
an antlerless deer).

The amendment to §65.28,
concerning Landowner Assisted
Permit System (LAMPS), adds
clarifying language to make
it clear that no LAMPS permit
is required for antlerless
deer legally killed on a
LAMPS property by lawful
archery equipment during
a archery-only season. The
amendment is necessary to
prevent confusion.

The amendment to §65.29,
concerning Bonus Tags, makes
nonsubstantive changes to
clarify the intent of the
regulation. The amendment
makes clear that the term ‘appropriate
tag’ means a tag that
is appropriate for the sex
of the deer that has been
taken (i.e., a buck tag
can only be used on a buck
deer, and an antlerless
tag can only be used on
an antlerless deer).

The amendment to §65.42,
concerning Deer, consists
of several actions, as follows.
The amendment adds clarifying
language in certain subsections,
as necessary, to denote
the counties and portions
of counties where antlerless
deer may be taken without
antlerless permits. The
provision is necessary because
Parks and Wildlife Code, §61.057,
states that a proclamation
allowing the hunting of
antlerless deer without
a permit must be specific
as to the county or portion
of a county to which it
applies. The amendment also
increases the number of ‘doe
days’ in 17 Panhandle
counties from 16 to 30.
The revision is necessary
because department investigations
indicate that antlerless
harvest in the affected
counties is very conservative
despite the current harvest
opportunity and the populations
could easily sustain considerably
more harvest. The amendment
further clarifies that all
hunting in Grayson County,
including MLD properties,
is by archery only. The
clarification is necessary
to eliminate confusion concerning
the applicability of countywide
restrictions to MLD properties.
The amendment also creates
a special regulation restricting
the take of buck deer in
six south-central counties.
The revision is necessary
to reduce hunting pressure
in order to manage the age
structure of the buck segment
of the deer herd in the
affected counties. Finally,
the amendment alters the
late youth-only deer season
to require antlerless permits
for the take of antlerless
deer in counties where permits
are required during any
part of the general season
open season. The revision
is necessary to prevent
depletion of the doe segment
of the deer herd in counties
where doe harvest has been
restricted.

The amendment to §65.64,
concerning Turkey, establishes
a Fall season for Rio Grande
turkey in Hill County and
opens a standard Spring
season for Eastern turkey
in five additional counties.
The amendment is necessary
to implement commission
policy to provide additional
hunting opportunity whenever
biological data indicate
that it can be done without
threat of depletion or waste.

The amendment to §65.72,
concerning Fish, consists
of several actions.

Harvest regulations for
sunfish on Purtis Creek
State Park Lake would change
from a 7-inch minimum length
limit and a 25 fish per
day bag limit to no minimum
length limit and no daily
bag limit. The change is
necessary to improve consistency
of regulations.

Harvest regulations for
largemouth bass on Gibbons
Creek Reservoir would change
from catch-and-release only
(with the exception that
a largemouth bass greater
than 21 inches can be weighed
at a lakeside weigh station
then immediately released
or donated to the ShareLunker
program) to a 14-24 inch
slot length limit and a
five fish daily bag of which
only one fish 24 inches
or greater may be harvested
per day. The change is necessary
to allow some harvest of
smaller stock size bass
as well as trophy largemouth
bass.

Change harvest regulations
for largemouth bass on Brushy
Creek Lake from a 14-inch
minimum length limit and
a 5 fish daily bag limit
to an 18-inch minimum length
limit and five fish daily
bag limit. The change is
necessary to protect 14-18
inch bass from being over
harvested, thereby preventing
a decrease in the quality
of the fishery when the
park is opened to the public.

Change harvest regulations
for red drum on Coleto Creek
Reservoir from a 20-28-inch
reverse slot limit (fish
between 20 and 28 inches
can be harvested) and a
three fish daily bag limit
to a 20-inch minimum length
limit and a three fish daily
bag limit. The change is
necessary to allow fish
to reach a harvestable size
and spread the resource
among more anglers.

Change harvest regulations
for largemouth bass on Lake
Alan Henry from an 18-inch
minimum length limit to
no minimum length limit,
but allowing only two largemouth
bass less than 18 inches
to be harvested, while continuing
a daily bag limit for the
three bass species in the
reservoir (largemouth, smallmouth,
and spotted) of five bass
in any combination. The
change is necessary to reduce
the overall abundance of
largemouth bass, resulting
in an increased growth rates
and condition of the largemouth
bass population.

Change harvest regulations
for largemouth bass on Lake
Proctor from the 14-inch
minimum length to a 16-inch
minimum length limit. The
change is necessary to enhance
largemouth bass fishing
and provide more and larger
bass for a longer period
of time.

Change harvest regulations
for largemouth bass on Possum
Kingdom Lake from the current
14-inch minimum length to
a 16-inch minimum length
limit. The change is necessary
to provide protection for
future brood fish in the
population after the negative
impacts of last spring’s
golden algae outbreak.

Implement a requirement
for all fish landed from
Texas public waters to conform
Texas size and bag limits.
The change is necessary
to address concerns about
over harvest of fish in
Sabine Lake caught under
Louisiana regulations.

2. Fiscal Note.

Robert Macdonald, regulations
coordinator, has determined
that for each of the first
five years that the rules
as proposed are in effect,
there will be no fiscal
implications to state or
local governments as a result
of enforcing or administering
the rules.

3. Public Benefit - Cost
Note.

Mr. Macdonald also has
determined that for each
of the first five years
the rules as proposed are
in effect:

(A) The public benefit
anticipated as a result
of enforcing or administering
the rules as proposed will
be the dispensation of the
agency’s statutory
duty to protect and conserve
the wildlife resources of
this state, the duty to
equitably distribute opportunity
for the enjoyment of those
resources among the citizens,
and the execution of the
commission’s policy
to maximize recreational
opportunity within the precepts
of sound biological management
practices.

(B) There will be no effect
on small businesses, microbusinesses,
or persons required to comply
with the rules as proposed.

(C) The department has
not drafted a local employment
impact statement under the
Administrative Procedures
Act, §2001.022, as
the agency has determined
that the rules as proposed
will not impact local economies.

(D) The department has
determined that there will
not be a taking of private
real property, as defined
by Government Code, Chapter
2007, as a result of the
proposed rules.

The amendments are proposed
under the authority of Parks
and Wildlife Code, Chapter
61, Uniform Wildlife Regulatory
Act (Wildlife Conservation
Act of 1983), which provides
the Commission with authority
to establish wildlife resource
regulations for this state.

The proposed new rule and
amendments affect Parks
and Wildlife Code, Chapter
61.

§65.3. Definitions.
The following words and
terms, when used in this
chapter, shall have the
following meanings, unless
the context clearly indicates
otherwise. All other words
and terms in this chapter
shall have the meanings
assigned in the Texas Parks
and Wildlife Code.

(1) Agent—A person
authorized by a landowner
to act on behalf of the
landowner. For the purposes
of this chapter, the use
of the term "landowner" also
includes the landowner's
agent.

(2) Annual bag limit—The
quantity of a species of
a wildlife resource that
may be taken from September
1 of one year to August
31 of the following year.

(3) Antlerless deer—A
deer having no hardened
antler protruding through
the skin.

(4) Antler point—A
tine, including the tips
of the main beams, that
extends at least one inch
from a main beam or another
tine.

(5)[(4)]
Artificial lure—Any
lure (including flies) with
hook or hooks attached that
is man-made and is used
as a bait while fishing.

(6)[(5)]
Bait—Something used
to lure any wildlife resource.

(7)[(6)]
Baited area—Any area
where minerals, vegetative
material or any other food
substances are placed so
as to lure a wildlife resource
to, on, or over that area.

(9)[(8)]
Buck deer—A deer having
a hardened antler protruding
through the skin.

(10)[(9)]
Cast net—A net which
can be hand-thrown over
an area.

(11)[(10)]
Coastal waters boundary—All
public waters east and south
of the following boundary
are considered coastal waters:
Beginning at the International
Toll Bridge in Brownsville,
thence northward along U.S.
Highway 77 to the junction
of Paredes Lines Road (F.M.
Road 1847) in Brownsville,
thence northward along F.M.
Road 1847 to the junction
of F.M. Road 106 east of
Rio Hondo, thence westward
along F.M. Road 106 to the
junction of F.M. Road 508
in Rio Hondo, thence northward
along F.M. Road 508 to the
junction of F.M. Road 1420,
thence northward along F.M.
Road 1420 to the junction
of State Highway 186 east
of Raymondville, thence
westward along State Highway
186 to the junction of U.S.
Highway 77 near Raymondville,
thence northward along U.S.
Highway 77 to the junction
of the Aransas River south
of Woodsboro, thence eastward
along the south shore of
the Aransas River to the
junction of the Aransas
River Road at the Bonnie
View boat ramp; thence northward
along the Aransas River
Road to the junction of
F.M. Road 629; thence northward
along F.M. Road 629 to the
junction of F.M. Road 136;
thence eastward along F.M.
Road 136 to the junction
of F.M. Road 2678; then
northward along F.M. Road
2678 to the junction of
F.M. Road 774 in Refugio,
thence eastward along F.M.
Road 774 to the junction
of State Highway 35 south
of Tivoli, thence northward
along State Highway 35 to
the junction of State Highway
185 between Bloomington
and Seadrift, thence northwestward
along State Highway 185
to the junction of F.M.
Road 616 in Bloomington,
thence northeastward along
F.M. Road 616 to the junction
of State Highway 35 east
of Blessing, thence southward
along State Highway 35 to
the junction of F.M. Road
521 north of Palacios, thence
northeastward along F.M.
Road 521 to the junction
of State Highway 36 south
of Brazoria, thence southward
along State Highway 36 to
the junction of F.M. Road
2004, thence northward along
F.M. Road 2004 to the junction
of Interstate Highway 45
between Dickinson and La
Marque, thence northwestward
along Interstate Highway
45 to the junction of Interstate
Highway 610 in Houston,
thence east and northward
along Interstate Highway
610 to the junction of Interstate
Highway 10 in Houston, thence
eastward along Interstate
Highway 10 to the junction
of State Highway 73 in Winnie,
thence eastward along State
Highway 73 to the junction
of U.S. Highway 287 in Port
Arthur, thence northwestward
along U.S. Highway 287 to
the junction of Interstate
Highway 10 in Beaumont,
thence eastward along Interstate
Highway 10 to the Louisiana
State Line. The waters of
Spindletop Bayou inland
from the concrete dam at
Russels Landing on Spindletop
Bayou in Jefferson County;
public waters north of the
dam on Lake Anahuac in Chambers
County; the waters of Taylor
Bayou and Big Hill Bayou
inland from the saltwater
locks on Taylor Bayou in
Jefferson County; Lakeview
City Park Lake, West Guth
Park Pond, and Waldron Park
Pond in Nueces County; Galveston
County Reservoir and Galveston
State Park ponds #1-7 in
Galveston County; Lake Burke-Crenshaw
and Lake Nassau in Harris
County; Fort Brown Resaca,
Resaca de la Guerra, Resaca
de la Palma, Resaca de los
Cuates, Resaca de los Fresnos,
Resaca Rancho Viejo, and
Town Resaca in Cameron County;
and Little Chocolate Bayou
Park Ponds #1 and #2 in
Calhoun County are not considered
coastal waters for purposes
of this subchapter.

(12)[(11)]
Community fishing lake—All
public impoundments 75 acres
or smaller located totally
within an incorporated city
limits or a public park,
and all impoundments of
any size lying totally within
the boundaries of a state
park.

(13)[(12)]
Crab line—A baited
line with no hook attached.

(14)[(13)]
Daily bag limit—The
quantity of a species of
a wildlife resource that
may be lawfully taken in
one day.

(15)[(14)]
Day—A 24-hour period
of time that begins at midnight
and ends at midnight.

(16)[(15)]
Dip net—A mesh bag
suspended from a frame attached
to a handle.

(17)[(16)]
Final processing—the
cleaning of a dead wildlife
resource for cooking or
storage purposes.

(B) Non-game fish—All
species not listed as game
fish, except endangered
and threatened fish, which
are defined and regulated
under separate proclamations.

(19)[(18)]
Fishing—Taking or
attempting to take aquatic
animal life by any means.

(20)[(19)]
Fish length—That straight-line
measurement (while the fish
is lying on its side) from
the tip of the snout (jaw
closed) to the extreme tip
of the tail when the tail
is squeezed together or
rotated to produce the maximum
overall length.

(21)[(20)]
Fish species names—The
names of fishes are those
prescribed by the American
Fisheries Society in the
most recent edition of "A
List of Common and Scientific
Names of Fishes of The United
States and Canada."

(22)[(21)]
Fully automatic firearm—Any
firearm that is capable
of firing more than one
cartridge in succession
by a single function of
the trigger.

(23)[(22)]
Gaff—Any hand-held
pole with a hook attached
directly to the pole.

(24)[(23)]
Gear tag—A tag constructed
of material as durable as
the device to which it is
attached. The gear tag must
be legible, contain the
name and address of the
person using the device,
and, except for saltwater
trotlines and crab traps,
the date the device was
set out.

(25)[(24)]
Gig—Any hand-held
shaft with single or multiple
points.

(26)[(25)]
Jug line—A fishing
line with five or less hooks
tied to a free-floating
device.

(28)[(27)]
License year—The period
of time for which an annual
hunting or fishing license
is valid.

(29)[(28)]
Muzzleloader—Any firearm
that is loaded only through
the muzzle.

(30)[(29)]
Natural bait—A whole
or cut-up portion of a fish
or shellfish or a whole
or cut-up portion of plant
material in its natural
state, provided that none
of these may be altered
beyond cutting into portions.

(31)[(30)]
Permanent residence—One's
principal or ordinary home
or dwelling place. This
does not include a temporary
abode or dwelling such as
a hunting/fishing club,
or any club house, cabin,
tent, or trailer house used
as a hunting/fishing club,
or any hotel, motel, or
rooming house used during
a hunting, fishing, pleasure,
or business trip.

(32)[(31)]
Pole and line—A line
with hook, attached to a
pole. This gear includes
rod and reel.

(33)[(32)]
Possession limit—The
maximum number of a wildlife
resource that may be lawfully
possessed at one time.

(34)[(33)]
Purse seine (net)—A
net with flotation on the
corkline adequate to support
the net in open water without
touching bottom, with a
rope or wire cable strung
through rings attached along
the bottom edge to close
the bottom of the net.

(35)[(34)]
Sail line—A type of
trotline with one end of
the main line fixed on the
shore, the other end of
the main line attached to
a wind-powered floating
device or sail.

(37)[(36)]
Seine—A section of
non-metallic mesh webbing,
the top edge buoyed upwards
by a floatline and the bottom
edge weighted.

(38)[(37)]
Silencer or sound-suppressing
device—Any device
that reduces the normal
noise level created when
the firearm is discharged
or fired.

(39)[(38)]
Spear—Any shaft with
single or multiple points,
barbed or barbless, which
may be propelled by any
means, but does not include
arrows.

(40)[(39)]
Spear gun—Any hand-operated
device designed and used
for propelling a spear,
but does not include the
crossbow.

(41)[(40)]
Spike-buck deer—A
buck deer with no antler
having a fork or branching
point.

(42)[(41)]
Throwline—A fishing
line with five or less hooks
and with one end attached
to a permanent fixture.
Components of a throwline
may also include swivels,
snaps, rubber and rigid
support structures.

(43)[(42)]
Trap—A rigid device
of various designs and dimensions
used to entrap aquatic life.

(44)[(43)]
Trawl—A bag-shaped
net which is dragged along
the bottom or through the
water to catch aquatic life.

(45)[(44)]
Trotline—A nonmetallic
main fishing line with more
than five hooks attached
and with each end attached
to a fixture.

(46)[(45)]
Umbrella net—A non-metallic
mesh net that is suspended
horizontally in the water
by multiple lines attached
to a rigid frame.

(47)[(46)]
Upper-limb disability—A
permanent loss of the use
of fingers, hand or arm
in a manner that renders
a person incapable of using
a longbow, compound bow
or recurved bow.

(48)[(47)]
Wildlife resources—All
game animals, game birds,
and aquatic animal life.

(49)[(48)]
Wounded deer—A deer
leaving a blood trail.

§65.7. Harvest
Log for Deer.

(a) A person who
kills a white-tailed deer
shall complete, in ink,
the harvest log on the
back of the hunting license
immediately upon kill.

(b) Completion
of the harvest log is
not required for deer
taken under the provisions
of §65.27 of this
title (relating to Antlerless
and Spike-Buck Deer Control
Permits) and/or provisions
of §65.29 of this
title (relating to Bonus
Tags).

§65.9. Open Seasons:
General Rules.

(a) There is no open season
on game animals or game
birds on public roads and
highways or [,]
the right-of-way of public
roads and highways[;
or in any state-owned riverbed
in Dimmit, Uvalde, and Zavala
counties].

(b) No antlerless deer
permit is required to take
an antlerless deer during
the archery-only open season,
except on lands for which
Managed Lands Deer permits
have been issued.

(c) The hunting of roosting
turkey is unlawful.

§65.10. Possession
of Wildlife Resources.

(a) For all wildlife resources
taken for personal consumption
and for which there is a
possession limit, the possession
limit shall not apply after
the wildlife resource has
reached the possessor's
permanent residence and
is finally processed.

(b) Proof of sex must remain
with certain wildlife resources
until the wildlife resource
reaches either the possessor's
permanent residence or a
cold storage/processing
facility and is finally
processed. Proof of sex
is as follows:

(1) turkey (in a county
where the bag composition
is restricted to gobblers
and/or bearded hens):

(A) male turkey:

(i) one leg, including
the spur, attached to the
bird; or

(ii) the bird, accompanied
by a patch of skin with
breast feathers and beard
attached.

(B) female turkey taken
during the fall season:
the bird, accompanied by
a patch of skin with breast
feathers and beard attached.

(2) deer:

(A) buck: the [unskinned]
head, with antlers still
attached;

(B) antlerless: the [unskinned]
head;

(3) antelope: the unskinned
head; and

(4) pheasant: one leg,
including the spur, attached
to the bird or the entire
plumage attached to the
bird.

(c) In lieu of proof of
sex, the person who killed
the wildlife resource may
obtain a receipt from a
taxidermist or a signed
statement from the landowner,
containing the following
information:

(1) the name of person
who killed the wildlife
resource;

(2) the date the wildlife
resource was killed;

(3) one of the following,
as applicable:

(A) whether the deer was
antlered or antlerless;

(B) the sex of the antelope;

(C) the sex of the turkey
and whether a beard was
attached; or

(D) the sex of the pheasant.

(d) A person may give,
leave, receive, or possess
any species of legally taken
wildlife resource, or a
part of the resource, that
is required to have a tag
or permit attached or is
protected by a bag or possession
limit, if the wildlife resource
is accompanied by a wildlife
resource document from the
person who killed or caught
the wildlife resource.

(1) For deer, turkey, or
antelope, a properly executed
wildlife resource document
shall accompany the wildlife
resource until it reaches
either the possessor's permanent
residence or a cold storage/processing
facility and is finally
processed.

(2) For all other wildlife
resources, a properly executed
wildlife resource document
shall accompany the wildlife
resource until it reaches
the possessor's permanent
residence and is finally
processed.

(3) The wildlife resource
document must contain the
following information:

(A) the name, signature,
address, and hunting or
fishing license number,
as required, of the person
who killed or caught the
wildlife resource;

(B) the name of the person
receiving the wildlife resource;

(C) a description of the
wildlife resource (number
and type of species or parts);

(D) the date the wildlife
resource was killed or caught;
and

(E) the location where
the wildlife resource was
killed or caught (name of
ranch; area; lake, bay or
stream; and county).

(e) It is a defense to
prosecution if the person
receiving the wildlife resource
does not exceed any possession
limit or possess a wildlife
resource or a part of a
wildlife resource that is
required to be tagged if
the wildlife resource or
part of the wildlife resource
is tagged.

§65.19. Hunting Deer
With Dogs.

(a) It is unlawful to use
a dog or dogs in hunting,
pursuing, or taking deer
in all counties.

(b) It is lawful to use
not more than two dogs in
trailing a wounded deer
in all counties, except
in Angelina, [Bowie,
Camp, Fannin, Franklin,]
Hardin, Harris, Harrison,
Houston, Hunt, Jasper, Jefferson,
[Lamar,] Liberty,
Montgomery, [Morris,]
Nacogdoches, Newton, Orange,
Panola, Polk, [Red River,
Rockwall,] Rusk, Sabine,
San Augustine, San Jacinto,
Shelby, [Titus,]
Trinity, Tyler, Walker, and Washington[,
and Wood] counties,
where dogs shall not be
used to trail wounded deer.

§65.26. Managed Lands
Deer (MLD) Permits.

(a) MLD permits may be
issued only to a landowner
who has a current WMP in
accordance with §65.25
of this title (relating
to Wildlife Management Plan).
In the case that a landowner
is otherwise in fulfillment
of the provisions of §65.25
of this title but does not
have current survey data,
the department may conditionally
authorize partial issuance
of MLD permits, not to exceed
30 per cent of the total
MLD permits to be issued
for that property during
the affected license year,
with the balance of MLD
permits to be issued upon
submission of the required
survey data.

(b) An applicant may request
the issuance of any type
of MLD listed in this section.

(1) Level 1. Level 1 MLD
permits authorize only the
take of antlerless white-tailed
or antlerless mule deer.
A Level 1 MLD permit is
valid during any open season
in the county for which
it is issued, and the bag
limit for antlerless deer
in that county applies.

(i) A Level 2
antlerless permit is valid
from the Saturday closest
to September 30 through
the last Sunday in January
and during any open season
on the property for which
it is issued;

(ii) A Level 2 buck
permit is valid:

(I) for spike bucks
takenby any
lawful means and bucks
taken by means of lawful
archery equipment: from
the Saturday closest to
September 30 through the
last Sunday in January,
and during any open season
on the property for which
it is issued; and

(II) for any buck,
irrespective of means: from
the opening day of the
general open season in
the county for which it
is issued through the
last Sunday in January, and
during any open season
other than the archery-only
open season on the property
for which it is issued.

(B) On all tracts of land
for which Level 2 MLD permits
have been issued:

(i) the bag limit shall
be five deer, no more than
three bucks, regardless
of the county bag limit;
and

(ii) the provisions of §65.42(b)(8)
of this title (relating
to Archery-Only Open Season), §65.42(b)(9)
of this title (relating
to Muzzleloader-Only Open
Season), and the stamp requirements
of Parks and Wildlife Code,
Chapter 43, Subchapters
I and Q, do not apply.

(C) By acceptance of Level
2 MLD permits a landowner
agrees to accomplish at
least two habitat management
recommendations contained
in the WMP within three
years of permit issuance,
and agrees to maintain the
habitat management practices
for as long as Level 2 permits
are accepted thereafter.
A landowner who fails to
accomplish at least two
habitat management recommendations
of the WMP within three
years is not eligible for
Level 2 permits the following
year, but is eligible for
Level 1 MLD permits or may
choose to cease accepting
MLD permits.

(3) Level 3. Level 3 MLD
permits authorize the take
of buck and antlerless white-tailed
deer as specified by the
permit. A Level 3 MLD permit
is valid from the Saturday
nearest September 30 through
the last Sunday in January
and during any open season
on the property for which
it is issued. On all tracts
of land for which Level
3 MLD permits have been
issued:

(A) the bag limit shall
be five deer, no more than
three bucks, regardless
of the county bag limit;
and

(B) the provisions of §65.42(b)(8)
of this title, §65.42(b)(9)
of this title, and the stamp
requirements of Parks and
Wildlife Code, Chapter 43,
Subchapters I and Q, do
not apply.

(C) By acceptance of Level
3 MLD permits a landowner
agrees to accomplish at
least four habitat management
recommendations contained
in the WMP within three
years of permit issuance,
and agrees to maintain the
habitat management practices
for as long as Level 3 permits
are accepted thereafter.
A landowner who fails to
accomplish at least four
habitat management recommendations
of the WMP within three
years is not eligible for
Level 3 permits the following
year, but may be eligible
for other levels of MLD
permits or may choose to
cease accepting MLD permits.

(c) The number of MLD permits
distributed to a hunter
shall be at the discretion
of the landowner.

(d) Except for deer taken
under an Antlerless and
Spike-Buck Control Permit,
all deer harvested by MLD
permit must immediately
be tagged with an appropriate
tag (i.e., buck
tag for buck deer, antlerless
tag for antlerless deer) from
the hunting license of the
person who killed the deer
or a valid bonus tag. If
an appropriate MLD permit
is not attached immediately
at the time of kill, the
person who killed the deer
shall immediately take the
carcass to a location on
the property where an appropriate
MLD tag shall be attached.

(e) If a landowner in possession
of MLD permits does not
wish to abide by the harvest
quota or habitat management
practices specified by the
WMP, the landowner must
return all MLD permits to
the department by the Saturday
closest to September 30.

(f) In the event that unforeseeable
developments such as floods,
droughts, or other natural
disasters make the attainment
of recommended habitat management
practices impractical or
impossible, the department
may, on a case-by-case basis,
waive the requirements of
this section.

(g) The department reserves
the right to deny further
issuance of MLD permits
to a landowner who exceeds
the harvest quota specified
by the WMP or who does not
otherwise abide by the WMP.
A property for which the
department denies further
permit issuance under this
subsection is ineligible
to receive MLD permits for
a period of three years
from the date of denial.

(h) Administratively complete
applications received by
the department before August
15 of each year shall be
approved or denied by October
1 of the same year.

§65.28. Landowner
Assisted Management Permit
System.

(a) A LAMPS recommendation
specifies the number of
antlerless deer to be harvested
from a specific tract of
land and is derived from
acreage, habitat, population,
and harvest data supplied
by the landowner as specified
by the department.

(b) The minimum contiguous
acreage necessary for eligibility
in the LAMPS program shall
be determined on a county-by-county
basis according to population
trends and habitat.

(c) No LAMPS antlerless
deer permit is required
for a deer legally killed
with lawful archery equipment
during the archery-only
open season.

(d) Except as provided
by subsection (c) of this
section, all [All]
deer killed on a tract
of land for which LAMPS
permits have been issued
shall be tagged with a
valid LAMPS permit, and
either an appropriate
white-tailed deer tag
from the hunting license
of the person who killed
the deer or a valid bonus
tag.

§65.29. Bonus Tag.

(a) A person [in possession
of a valid bonus deer
tag] may take one
[buck or antlerless]
white-tailed deer per
bonus tag during
an open white-tailed deer
season in any county,
irrespective of the county
bag limit, provided that
person [also] possesses a
valid bonus tag on their
person and one
of the following:

(3) a [an
appropriate,] valid
Special Permit [(buck
or antlerless)] issued
by the department for
a public hunt, in which
case the bonus tag is
valid:

(A) only at
the location [on
the property] specified
on the permit;

(B) [and]
only during the date and
time specified on the permit;
and

(C) only for the
sex of deer (buck or antlerless)
specified on the permit.

(b) No person may:

(1) purchase more than
five bonus tags per license
year;

(2) use a bonus tag on
more than one animal; or

(3) buy, sell, or otherwise
exchange a bonus tag for
remuneration or considerations
of any kind; however, a
bonus tag may be given to
another person.

(c) A person who kills
a deer shall immediately
attach a properly executed
bonus tag to the deer.

§65.42. Deer.

(a) Except as provided
in §65.27 of this title
(relating to Antlerless
and Spike-Buck Deer Control
Permits) or §65.29
of this title (relating
to Bonus Tags), no person
may exceed the annual bag
limit of five white-tailed
deer (no more than three
bucks) and two mule deer
(no more than one buck).

(b) White-tailed deer.
The open seasons and annual
bag limits for white-tailed
deer shall be as follows.

(1) In Brewster, Culberson,
Jeff Davis, Pecos, Presidio,
Reeves, Terrell, and Upton
(that southeastern portion
located both south of U.S.
Highway 67 and east of State
Highway 349) counties, there
is a general open season.

(A) Open season: first
Saturday in November through
the first Sunday in January.

(B) Bag limit: four deer,
no more than two bucks.

(C) No permit is
required to hunt antlerless
deer unless MLD permits
have been issued for the
tract of land.

(A) Open season: first
Saturday in November through
the first Sunday in January.

(B) Bag limit: five deer,
no more than two bucks.

(C) Special Late General
Season. In the counties
listed in this paragraph
there is a special late
general season for the take
of antlerless and spike-buck
deer only.

(i) Open season: 14 consecutive
days starting the first
Monday following the first
Sunday in January.

(ii) Bag limit: five antlerless
or spike-buck deer in the
aggregate, no more than
two of which may be spike
bucks.

(D) No permit is
required to hunt antlerless
deer unless MLD antlerless
permits have been issued
for the tract of land.

(3) In Aransas, Atascosa,
Bee, Brooks, Calhoun, Cameron,
Dimmit, Duval, Frio, Hidalgo,
Jim Hogg, Jim Wells, Kenedy,
Kinney (south of U.S. Highway
90), Kleberg, LaSalle, Live
Oak, Maverick, McMullen,
Medina (south of U.S. Highway
90), Nueces, Refugio, San
Patricio, Starr, Uvalde
(south of U.S. Highway 90),
Val Verde (that southeastern
portion located both south
of U.S. Highway 90 and east
of Spur 239), Webb, Willacy,
Zapata, and Zavala counties,
there is a general open
season.

(A) Open season: the first
Saturday in November through
the third Sunday in January.

(B) Bag limit: five deer,
no more than three bucks.

(C) Special Late General
Season. In the counties
listed in this paragraph
there is a special late
general season for the take
of antlerless and spike-buck
deer only.

(i) Open season: 14 consecutive
days starting the first
Monday following the third
Sunday in January.

(ii) Bag limit: five antlerless
or spike-buck deer in the
aggregate, no more than
three of which may be spike
bucks.

(D) No permit is
required to hunt antlerless
deer unless MLD antlerless
permits have been issued
for the tract of land.

(4) No person may take
or attempt to take more
than one buck deer per license
year from the counties (or
portions of counties), in
the aggregate, listed within
this paragraph, except as
provided in subsection (a)
of this section or authorized
under the provisions of §65.26
of this title (relating
to Managed Land Deer Permits).
For counties appearing both
in this paragraph and paragraph
(5) of this subsection,
the bag limit is one buck
deer, irrespective of the
portion of the county in
which take or attempted
take o

ccurs.

(A) The following
counties are in the West
Zone, except for Bell
County, which is in the
East Zone. In
Archer, Baylor, Bell (west
of Interstate 35), Bosque,
Callahan, Clay, Comanche,
Coryell, Eastland, Erath,
Hamilton, Hood, Jack,
Lampasas, Montague, Palo
Pinto, Parker, Shackelford,
Somervell, Stephens, Taylor,
Throckmorton, Wise, and
Young counties, there
is a general open season.

(i) Open season: first
Saturday in November through
the first Sunday in January.

(ii) Bag limit: three deer,
no more than one buck and
no more than two antlerless.

(iii) No permit
is required to hunt antlerless
deer unless MLD antlerless
permits have been issued
for the tract of land.

(i) Open season: first
Saturday in November through
the first Sunday in January.

(ii) Bag limit: three deer,
no more than one buck and
no more than two antlerless.

(iii) During the first
16 days of the general season,
antlerless deer may be taken
without antlerless deer
permits unless MLD permits
have been issued for the
tract of land. After the
first 16 days, antlerless
deer may be taken only by
MLD antlerless permits.

(C) The following
counties are in the West
Zone. In Childress, Collingsworth,
Cottle, Dickens, Donley,
Garza, Gray, Hall, Haskell,
Hemphill, Kent, King,
Lipscomb, Motley, Roberts,
Scurry, and Wheeler counties,
there is a general open
season.

(i) Open season:
first Saturday in November
through the first Sunday
in January.

(ii) Bag limit:
three deer, no more than
one buck and no more than
two antlerless.

(iii) From opening
day through the Sunday
immediately following
Thanksgiving Day, antlerless
deer may be taken without
antlerless deer permits
unless MLD antlerless
permits have been issued
for the tract of land.
If MLD antlerless permits
have been issued, they
must be attached to all
antlerless deer harvested
on the tract of land.
From the Monday following
Thanksgiving, antlerless
deer may be taken only
by MLD antlerless permit.

(D) [(C)] The
following counties are
in the West Zone. In
Dallam, Hartley, Moore,
Oldham, Potter, and Sherman
Counties, there is a general
open season.

(i) Open season: Saturday
before Thanksgiving for
16 consecutive days.

(ii) Bag limit: three deer,
no more than one buck and
no more than two antlerless.

(iii) Antlerless deer may
be taken only by MLD antlerless
permits.

(5) No person may take
or attempt to take more
than one buck deer per license
year from the counties (or
portions of counties), in
the aggregate, listed within
this paragraph, except as
provided in subsection (a)
of this section or authorized
under the provisions of §65.26
of this title (relating
to Managed Land Deer Permits).
For counties appearing both
in this paragraph and paragraph
(4) of this subsection,
the bag limit is one buck
deer, irrespective of the
portion of the county in
which take or attempted
take occurs.

(A) The following
counties are in the East
Zone. In Grayson,
McLennan, and Williamson
(west of IH 35) counties,
there is a general open
season.

(i) Open season: first
Saturday in November through
the first Sunday in January.

(ii) Bag limit: three deer,
no more than one buck and
no more than two antlerless.

(iii) No permit
is required to hunt antlerless
deer unless MLD antlerless
permits have been issued
for the tract of land.

(iv)[(iii)]
Special regulation. In Grayson
County:

(I) lawful means are restricted
to lawful archery equipment
and crossbows only,
including MLD properties;
and

(II) antlerless deer shall
be taken by MLD permit only,
except on the Hagerman National
Wildlife Refuge.

(B) The following
counties are in the East
Zone. In Brazoria,
Fort Bend, Goliad (south
of U.S. Highway 59), Harris,
Jackson (south of U.S.
Highway 59), Matagorda,
Victoria (south of U.S.
Highway 59), and Wharton
(south of U.S. Highway
59) counties, there is
a general open season.

(i) Open season: first
Saturday in November through
the first Sunday in January.

(ii) Bag limit: three deer,
no more than one buck and
no more than two antlerless.

(iii) During the first
23 days of the general season,
antlerless deer may be taken
without antlerless deer
permits unless MLD permits
have been issued for the
tract of land. If MLD permits
have been issued, they must
be attached to all antlerless
deer harvested on the tract
of land. After the first
23 days, antlerless deer
may be taken only by MLD
antlerless permits.

(C) The following
counties are in the East
Zone. In Cooke,
Denton, Hill, Johnson,
and Tarrant counties,
there is a general open
season.

(i) Open season: first
Saturday in November through
the first Sunday in January.

(ii) Bag limit: three deer,
no more than one buck and
no more than two antlerless.

(iii) During the first
nine days of the general
season, antlerless deer
may be taken without antlerless
deer permits unless MLD
permits have been issued
for the tract of land. After
the first nine days, antlerless
deer may be taken only by
MLD antlerless permits.

(i) Open season: first
Saturday in November through
the first Sunday in January.

(ii) Bag limit: three deer,
no more than one buck and
no more than two antlerless.

(iii) Antlerless deer may
be taken only by MLD antlerless
permits or LAMPS permits.
On National Forest lands,
the take of antlerless deer
shall be by permit only.

(E) The following
counties are in the East
Zone. In Cass,
Harrison, Marion, Nacogdoches,
Panola, Sabine, San Augustine
and Shelby Counties, there
is a general open season.

(i) Open season: first
Saturday in November through
the first Sunday in January.

(ii) Bag limit: three deer,
no more than one buck and
no more than two antlerless.

(iii) From Thanksgiving
Day through the Sunday immediately
following Thanksgiving Day,
antlerless deer may be taken
without antlerless deer
permits unless MLD, LAMPS,
or Wildlife Management Area
permits have been issued
for the tract of land. On
National Forest, Corps of
Engineers, and Sabine River
Authority lands, the take
of antlerless deer shall
be by permit only. If MLD
or LAMPS permits have been
issued, they must be attached
to all antlerless deer harvested
on the tract of land. From
the first Saturday in November
through the day before Thanksgiving
Day, and from the Monday
immediately following Thanksgiving
Day through the first Sunday
in January, antlerless deer
may be taken only by MLD
antlerless deer permits
or LAMPS permits.

(F) The following
counties are in the East
Zone. In Austin,
Bastrop, Bell (east of
Interstate 35), Caldwell,
Colorado, Comal (east
of Interstate 35), [Crane,]
DeWitt, [Ector,]
Ellis, Falls, Fayette,
Goliad (north of U.S.
Highway 59), Gonzales,
Guadalupe, Hays (east
of Interstate 35), Jackson
(north of U.S. Highway
59), Karnes, Kaufman,
Lavaca, Lee, [Loving,
Midland,] Milam, Travis
(east of Interstate 35),
[Upton (that portion
located north of U.S.
Highway 67; and that area
located both south of
U.S. Highway 67 and west
of state highway 349),]
Victoria (north of U.S.
Highway 59), Waller, [Ward,]
Washington, Wharton (north
of U.S. Highway 59), Williamson
(east of Interstate 35),
and Wilson counties, there
is a general open season.

(i) Open season: first
Saturday in November through
the first Sunday in January.

(ii) Bag limit: three deer,
no more than one buck and
no more than two antlerless.

(iii) Antlerless deer may
be taken only by MLD antlerless
permits.

(iv) Special regulation.
In Austin, Colorado, Lavaca,
Fayette, Lee, and Washington
counties, no person may
take a buck deer unless
the deer meets one of
the following criteria:

(I) one unbranched
antler;

(II) one antler
with at least six antler
points; or

(III) a distance
between the main antler
beams of 13 inches or
greater.

(G) The following
counties are in the West
Zone. In Crane, Ector,
Loving, Midland, Upton
(that portion located
north of U.S. Highway
67; and that area located
both south of U.S. Highway
67 and west of state highway
349), and Ward counties,
there is a general open
season.

(i) Open season:
first Saturday in November
through the first Sunday
in January.

(ii) Bag limit:
three deer, no more than
one buck and no more than
two antlerless.

(iii) Antlerless
deer may be taken only
by MLD antlerless permits.

(6) In Angelina, Chambers,
Hardin, Jasper, Jefferson,
Liberty, Montgomery, Newton,
Orange, Polk, San Jacinto,
Trinity, Tyler, and Walker
counties, there is a general
open season.

(A) Open season: first
Saturday in November through
the first Sunday in January.

(B) Bag limit: four deer,
no more than two bucks and
no more than two antlerless.

(C) From opening day through
the Sunday immediately following
Thanksgiving , antlerless
deer may be taken without
antlerless deer permits
unless MLD, LAMPS, or Wildlife
Management Area permits
have been issued for the
tract of land. On National
Forest, Corps of Engineers,
Sabine River Authority,
and Trinity River Authority
lands, the take of antlerless
deer shall be by permit
only. If MLD or LAMPS permits
have been issued, they must
be attached to all antlerless
deer harvested on the tract
of land. From the Monday
following Thanksgiving,
antlerless deer may be taken
only by MLD antlerless permits
or LAMPS permits. On tracts
of land for which LAMPS
permits have been issued,
no LAMPS permit is required
for the harvest of antlerless
deer during the archery-only
or muzzleloader-only open
season.

(8) Archery-only open seasons.
In all counties where there
is a general open season
for white-tailed deer, there
is an archery-only open
season during which either
sex of white-tailed deer
may be taken as provided
for in §65.11(2) and
(3) of this title (relating
to Means and Methods).

(A) Open season: the Saturday
closest to September 30
for 30 consecutive days.

(B) Bag limit: the bag
limit in any given county
is as provided for that
county during the general
open season.

(C) No antlerless
permit is required unless
antlerless MLD permits
have been issued for the
property.

(9) Muzzleloader-only open
seasons, and bag and possession
limits shall be as follows. No
antlerless permit is required
unless antlerless MLD permits
have been issued for the
property.

(A) In Brewster, Culberson,
Jeff Davis, Pecos, Presidio,
Reeves, Terrell, and Upton
(that portion located both
south of U.S. Highway 67
and east of state highway
349) counties, there is
an open season during which
only antlerless and spike-buck
deer may be taken only with
a muzzleloader.

(i) Open Season: from the
first Saturday following
the closing of the general
open season for nine consecutive
days.

(ii) Bag limit: four antlerless
or spike-buck deer in the
aggregate, no more than
two spike bucks.

(B) In Angelina, Chambers,
Hardin, Jasper, Jefferson,
Liberty, Montgomery, Newton,
Orange, Polk, and Tyler
counties, there is an open
season during which only
antlerless and spike-buck
deer may be taken only with
a muzzleloader.

(i) Open Season: from the
first Saturday following
the closing of the general
open season for nine consecutive
days.

(ii) Bag limit: four antlerless
or spike-buck deer in the
aggregate, no more than
two spike bucks and no more
than two antlerless.

(10) Special Youth-Only
Seasons. Except on properties
for which Level III MLD
permits have been issued,
there shall be special youth-only
general hunting seasons
in all counties where there
is a general open season
for white-tailed deer.

(A) early open season:
the Saturday and Sunday
immediately before the first
Saturday in November.

(i) Bag limits, provisions
for the take of antlerless
deer, and special requirements
in the individual counties
listed in paragraphs (1)-(6)
of this subsection shall
be as specified for the
first two days of the general
open season in those counties,
except as provided in clause
(ii) of this subparagraph.

(ii) Provisions for the
take of antlerless deer
in the individual counties
listed in paragraph (5)(E)
of this subsection shall
be as specified in those
counties for the period
of time from Thanksgiving
Day through the Sunday immediately
following Thanksgiving Day.

(B) late [antlerless-only]
open season: the third weekend
(Saturday and Sunday) in
January[, during which
only antlerless deer may
be taken]. The bag limit
shall be as specified for
[antlerless deer in]
the county by paragraphs
(1)-(6) of this subsection.
In counties where the hunting
of antlerless deer is by
permit only during any portion
of the general season, an
antlerless permit is required
for the take of antlerless
deer during the season established
by this subparagraph [and
no TPW-issued permit is
required]. This subparagraph
does not apply:

(i) in counties where the
general season, special
late season, or muzzleloader-only
season is open; or

(ii) on properties for
which Level II or III MLD
permits have been issued.

(C) Only licensed hunters
16 years of age or younger
may hunt deer by means of
firearms during the season
established by subparagraph
(A) of this paragraph; all
other deer hunting shall
be by means of lawful archery
equipment and crossbows
only.

(D) Only licensed hunters
16 years of age or younger
may hunt deer during the
season established by subparagraph
(B) of this paragraph.

(E) The stamp requirements
of Parks and Wildlife Code,
Chapter 43, Subchapters
I and Q, do not apply during
the seasons established
by this paragraph.

(c) Mule deer. The open
seasons and annual bag limits
for mule deer shall be as
follows.

(C) Antlerless deer may
be taken only by Antlerless
Mule Deer or MLD Permits.

(3) In Andrews (west of
U.S. Highway 385), Bailey,
Cochran, Hockley, Lamb,
Terry, and Yoakum counties,
there is a general open
season.

(A) Open season: Saturday
before Thanksgiving for
nine consecutive days.

(B) Bag limit: two deer,
no more than one buck.

(C) Antlerless deer may
be taken only by Antlerless
Mule Deer or MLD Permits.

(4) In all other counties,
there is no general open
season for mule deer.

(5) Archery-only open seasons
and bag and possession limits
shall be as follows. During
an archery-only open season,
deer may be taken only as
provided for in §65.11(2)
and (3) of this title (relating
to Means and Methods). No
antlerless permit is required
unless MLD antlerless permits
have been issued for the
property.

(i) Open season: first
Saturday in November through
the third Sunday in January.

(ii) Bag limit: four turkeys,
gobblers or bearded hens.

(C) In Kinney (south of
U.S. Highway 90) and Uvalde
(south of U.S. Highway 90),
and Val Verde (in that southeastern
portion located both south
of U.S. Highway 90 and east
of Spur 239) counties, there
is a fall general open season.

(i) Open season: first
Saturday in November through
the third Sunday in January.

(ii) Bag limit: four turkeys,
either sex.

(D) In Brooks, Kenedy,
Kleberg, and Willacy counties,
there is a fall general
open season.

(i) Open season: first
Saturday in November through
the last Sunday in February.

(i) Open season: first
Saturday in November through
the first Sunday in January.

(ii) Bag limit: four turkeys,
either sex.

(2) Archery-only season
and bag limits. In all counties
where there is a general
fall season for turkey there
is an open season during
which turkey may be taken
only as provided for in §65.11(2)
and (3) of this title (relating
to Means and Methods).

(A) Open season: from the
Saturday closest to September
30 for 30 consecutive days.

(B) Bag limit: in any given
county, the annual bag limit
is as provided by this section
for the fall general season
in that county.

(A) it is unlawful to hunt
turkey by any means other
than a shotgun, lawful archery
equipment, or crossbows;

(B) it is unlawful for
any person to take or attempt
to take turkeys by the aid
of baiting, or on or over
a baited area; and

(C) all turkeys harvested
during the open season must
be registered at designated
check stations within 24
hours of the time of kill.
Harvested turkeys may be
field dressed but must otherwise
remain intact.

(d) In all counties not
listed in subsection (b)
or (c) of this section,
the season is closed for
hunting turkey.

§65.72. Fish.

(a) General rules.

(1) There are no public
waters closed to the taking
and retaining of fish, except
as provided in this subchapter.

(2) Game fish may be taken
only by pole and line, except
as provided in this subchapter.

(3) It is unlawful:

(A) to take or attempt
to take, or possess fish
within a protected length
limit, in greater numbers,
by other means, or at any
time or place, other than
as permitted under this
subchapter;

(B) while fishing on or
in public waters to have
in possession fish in excess
of the daily bag limit or
fish within a protected
length limit as established
for those waters;

(C) to transport
by boat or to land on
the mainland, a peninsula,
or barrier island of this
state any fish within
a protected length limit,
or in excess of the daily
bag limit or possession
limit established for
those fish;

(D) to
use game fish or any part
thereof as bait;

(E)[(D)]
to possess a finfish of
any species, except broadbill
swordfish, shark or king
mackerel, taken from public
water that has the head
or tail removed until such
person finally lands the
catch on the mainland, a
peninsula, or barrier island
not including jetties or
piers and does not transport
the catch by boat;

(F)[(E)]
to use airboats or jet-driven
devices to pursue and harass
or harry fish; or

(G)[(F)]
to release into the public
waters of this state a fish
with a device or substance
implanted or attached that
is designed, constructed
or adapted to produce an
audible, visual, or electronic
signal used to monitor,
track, follow, or in any
manner aid in the location
of the released fish.

(4) Finfish tags: Prohibited
Acts.

(A) No person may purchase
or use more finfish (red
drum or tarpon) tags during
a license year than the
number and type authorized
by the commission, excluding
duplicate tags issued under
Parks and Wildlife Code, §46.006.

(B) It is unlawful to:

(i) use the same finfish
tag for the purpose of tagging
more than one finfish;

(ii) use a finfish tag
in the name of another person;

(iii) use a tag on a finfish
for which another tag is
specifically required;

(iv) catch and retain a
finfish required to be tagged
and fail to immediately
attach and secure a tag,
with the day and month of
catch cut out, to the finfish
at the narrowest part of
the finfish tail, just ahead
of the tail fin;

(v) have in possession
both a Red Drum Tag and
a Duplicate Red Drum Tag
issued to the same license
or salt water stamp holder;

(vi) have in possession
both a Red Drum Tag or a
Duplicate Red Drum Tag and
a Bonus Red Drum Tag issued
to the same license or salt
water stamp holder;

(vii) have in possession
both an Exempt Red Drum
Tag and a Duplicate Exempt
Red Drum Tag issued to the
same license holder; or

(viii) have in possession
both an Exempt Red Drum
Tag or a Duplicate Exempt
Red Drum Tag and a Bonus
Red Drum Tag issued to the
same holder.

(5) Commercial fishing
seasons.

(A) The commercial seasons
for finfish species listed
in this paragraph and caught
in Texas waters shall run
concurrently with commercial
seasons established for
the same species caught
in federal waters of the
Exclusive Economic Zone
(EEZ).

(B) The commercial fishing
season in the EEZ will be
set by the National Marine
Fisheries Service for:

(i) red snapper under guidelines
established by the Fishery
Management Plan for Reef
Fish Resources for the Gulf
of Mexico;

(ii) king mackerel under
guidelines established by
the Fishery Management Plan
for Coastal Migratory Pelagic
Resources of the Gulf of
Mexico and South Atlantic;
and

(iii) sharks (all species,
their hybrids and subspecies)
under guidelines established
by the Fishery Management
Plan for Highly Migratory
Species).

(C) When federal and/or
state waters are closed,
it will be unlawful to:

(i) purchase, barter, trade
or sell finfish species
listed in this paragraph
landed in this state;

(ii) transfer at sea finfish
species listed in this paragraph
caught or possessed in the
waters of this state; and

(iii) possess finfish species
listed in this paragraph
in excess of the current
recreational bag or possession
limit in or on the waters
of this state.

(1) The possession limit
does not apply to fish in
the possession of or stored
by a person who has an invoice
or sales ticket showing
the name and address of
the seller, number of fish
by species, date of the
sale, and other information
required on a sales ticket
or invoice.

(2) There are no bag, possession,
or length limits on game
or non-game fish, except
as provided in these rules.

(A) Possession limits are
twice the daily bag limit
on game and non-game fish
except as provided in these
rules.

(B) Statewide daily bag
and length limits shall
be as follows:

Species

Daily Bag

Minimum Length (Inches)

Maximum Length (Inches)

Amberjack, greater.

1

32

No limit

Bass: Largemouth,
smallmouth, spotted
and Guadalupe bass.

5 (in any combination)

Largemouth and Smallmouth
bass.

14

No limit

Bass, striped, its
hybrids, and subspecies.

5 (in any combination)

18

No limit

Bass, white

25

10

No limit

Catfish: channel
and blue catfish,
their hybrids, and
subspecies.

25 (in any combination)

12

No limit

Catfish, flathead.

5

18

No limit

Catfish, gafftopsail.

No limit

14

No limit

Cobia.

2

37

No limit

Crappie: white and
black crappie, their
hybrids, and subspecies.

25 (in any combination)

10

No limit

Drum, black.

5

14

30

Drum, red.

3*

20

28*

*Special Regulation:
During a license year,
one red drum over
the stated maximum
length limit may be
retained when affixed
with a properly executed
Red Drum Tag, a properly
executed Exempt Red
Drum Tag or with a
properly executed
Duplicate Exempt Red
Drum Tag and one red
drum over the stated
maximum length limit
may be retained when
affixed with a properly
executed Bonus Red
Drum Tag. Any fish
retained under authority
of a Red Drum Tag,
an Exempt Red Drum
Tag, a Duplicate Exempt
Red Drum Tag, or a
Bonus Red Drum Tag
may be retained in
addition to the daily
bag and possession
limit as stated in
this section.

Flounder: all species,
their hybrids, and
subspecies.

10*

14

No limit

*Special Regulation:
The daily bag and
possession limit for
the holder of a valid
Commercial Finfish
Fisherman's license
is 60 flounder, except
on board a licensed
commercial shrimp
boat.

Jewfish.

0

Mackerel, king.

2

27

No limit

Mackerel, Spanish.

15

14

No limit

Marlin, blue.

No limit

131

No limit

Marlin, white.

No limit

86

No limit

Mullet: all species,
their hybrids, and
subspecies.

No limit

No limit

*

*Special regulation:
During the period
October through January,
no mullet more than
12 inches in length
may be taken from
public waters or possessed
on board a vessel.

Sailfish

No limit

84

No limit

Saugeye

3

18

No limit

Seatrout, spotted.

10

15

No limit

Shark: all species,
their hybrids, and
subspecies.

1

24

No limit

Sheepshead.

5

12

No limit

Snapper, lane.

No limit

8

No limit

Snapper, red.

4

15

No limit

Snapper, vermilion.

No limit

10

No limit

Snook.

1

24

28

Tarpon.

0

Catch and release
only*.

*Special Regulation:
One tarpon 80 inches
in length or larger
may be retained during
a license year when
affixed with a properly
executed Tarpon Tag.

Trout: rainbow and
brown trout, their
hybrids, and subspecies.

5 (in any combination)

No limit

No limit

Walleye.

5*

No limit

No limit

*Special regulation:
Two walleye of less
than 16 inches may
be retained per day.

Catch and release
only except that any
bass 21 inches or
greater in length
may be retained in
a live well or other
aerated holding device
and immediately transported
to the Purtis Creek
or Huntsville State
Park, or Gibbons Creek
weigh stations. After
weighing, the bass
must be released immediately
back into the lake
or donated to the
ShareLunker Program.

It is unlawful to
retain smallmouth
bass between 12 and
15 inches in length.

Bass: spotted

Lake Alan Henry
(Garza)

3

18

Lake Toledo Bend
(Newton, Sabine and
Shelby).

8

12

Possession Limit
is 10.

Bass: striped, its
hybrids, and subspecies.

Lake Toledo Bend
(Newton, Sabine and
Shelby).

5

No Limit

No more than 2 striped
bass 30 inches or
greater in length
may be retained each
day.

Lake Texoma (Cooke
and Grayson).

10 (in any combination)

No Limit

No more than 2 striped
or hybrid striped
bass 20 inches or
greater in length
may be retained each
day. Striped or hybrid
striped bass caught
and placed on a stringer,
in a live well or
any other holding
device become part
of the daily bag limit
and may not be released.
Possession limit is
10.

Red River (Grayson)
from Denison Dam downstream
to and including Shawnee
Creek (Grayson).

5 (in any combination)

No Limit

Striped bass caught
and placed on a stringer,
in a live well or
any other holding
device become part
of the daily bag limit
and may not be released.

Trinity River (Polk
and San Jacinto) from
the Lake Livingston
dam downstream to
the F.M. Road 3278
bridge.

Regulations
Committee
Amendments to the Public
Lands Proclamation
Candidate State Parks for
Public Hunting
January 2002

I.
DISCUSSION: Parks
and Wildlife Code, Chapter
12, Subchapter A, provides
that a tract of land purchased
primarily for a purpose
authorized by the code
may be used for any authorized
function of the Parks
and Wildlife Department
if the commission determines
that multiple use is the
best utilization of the
land's resources. Additionally,
Chapter 81, Subchapter
E of the code provides
the commission with the
authority to establish
open seasons, and authorizes
the Executive Director
to determine bag limits,
means and methods, and
conditions for the taking
of wildlife resources
on wildlife management
and public hunting areas.
Chapter 62, Subchapter
D, provides authority
to the Commission to prescribe
seasons, number, size,
kind, sex and the means
and methods for the taking
of any wildlife on state
parks. Chapter 42, §42.0177,
authorizes the Commission
to modify or eliminate
the tagging requirements
of Chapter 42.

The Executive Director
may establish by executive
order the department policy
with respect to hunting,
fishing, and non-consumptive
use on public hunting lands.
The proposed amendments
to the Public Lands Proclamation
are contained in Exhibit
A. Exhibit B, Candidate
State Parks for 2002-2003
Public Hunts, names the
units of the state park
system to be considered
for public hunts during
2002-2003 season.

Attachments – 2

1. Exhibit
A - Proposed
Amendments to the Public
Lands Proclamation
2. Exhibit
B - Candidate
State Parks for 2002-2003
Public Hunts

Public
Lands Proclamation
Proposal Preamble

1. Introduction.

The Texas Parks and Wildlife
Department proposes amendments
to §§65.191, 65,193,
and 65.194, concerning the
Public Lands Proclamation.
The amendment to §65.191,
concerning Definitions,
removes references to fee
amounts, which are redundant
since fees are established
in 31 TAC Chapter 53. The
amendment also removes an
exception for users of a
Limited Public Use permit
who hunt under certain circumstances
on U.S. Forest Service lands.
The amendment is necessary
to remove all references
to fees in order to locate
all fee information in another
chapter, and to standardize
permit privileges on all
public hunting lands.

The amendment to §65.193,
concerning Access Permit
Required and Fees, removes
references to fee amounts,
which are redundant since
fees are established in
31 TAC Chapter 53. The amendment
also removes an exception
for users of a Limited Public
Use permit who hunt under
certain circumstances on
U.S. Forest Service lands.
The amendment is necessary
to remove all references
to fees in order to locate
all fee information in another
chapter, and to standardize
permit privileges on all
public hunting lands.

The amendment to §65.194,
concerning Competitive Hunting
Dog (Field Trials) Permit
and Fees removes references
to fee amounts, which are
redundant since fees are
established in 31 TAC Chapter
53. The amendment is necessary
to remove all references
to fees in order to locate
all fee information in another
chapter.

2. Fiscal Note.

Robert Macdonald, regulations
coordinator, has determined
that for each of the first
five years that the rules
as proposed are in effect,
there will be no fiscal
implications to state or
local governments as a result
of enforcing or administering
the rules.

3. Public Benefit - Cost
Note.

Mr. Macdonald also has
determined that for each
of the first five years
the rules as proposed are
in effect:

(A) The public benefit
anticipated as a result
of enforcing or administering
the rules as proposed will
be the standardization of
permit privileges on public
lands and the elimination
of duplicated regulations.

(B) There will be no effects
on small businesses, microbusinesses,
or persons required to comply
with the rules as proposed.

(C) The department has
not drafted a local employment
impact statement under the
Administrative Procedures
Act, §2001.022, as
the agency has determined
that the rules as proposed
will not impact local economies.

(D) The department has
determined that there will
not be a taking of private
real property, as defined
by Government Code, Chapter
2007, as a result of the
proposed rules.

The amendments are proposed
under Parks and Wildlife
Code, Chapter 81, Subchapter
E, which provides the Parks
and Wildlife Commission
with authority to establish
an open season on wildlife
management areas and public
hunting lands and authorizes
the executive director to
regulate numbers, means,
methods, and conditions
for taking wildlife resources
on wildlife management areas
and public hunting lands;
Chapter 12, Subchapter A,
which provides that a tract
of land purchased primarily
for a purpose authorized
by the code may be used
for any authorized function
of the department if the
commission determines that
multiple use is the best
utilization of the land's
resources; Chapter 62, Subchapter
D, which provides authority,
as sound biological management
practices warrant, to prescribe
seasons, number, size, kind,
and sex and the means and
method of taking any wildlife;
and §42.0177, which
authorizes the commission
to modify or eliminate the
tagging requirements of
Chapter 42.

65.191. Definitions. The
following words and terms,
when used in this subchapter,
shall have the following
meanings, unless the context
clearly indicates otherwise.
All other words and terms
shall have the meanings
assigned in §65.3 of
this title (relating to
Statewide Hunting and Fishing
Proclamation).

(1) Adult—A person
17 years of age or older.

(2) All terrain vehicle
(ATV)—A motor vehicle
which does not meet traffic
code requirements for operation
on a public roadway with
respect to licensing, inspection
and insurance requirements.

(3) Annual Public Hunting
(APH) Permit—A [$40]
permit, valid from issuance
date through the following
August 31, which allows
entry to designated public
hunting lands at designated
times and the taking of
wildlife resources as designated.

(4) Application fee—A
non-refundable fee which
may be required to accompany
and validate an individual's
application for a special
permit.

(5) Authorized supervising
adult—A parent, legal
guardian, or individual
at least 18 years of age
who assumes liability responsibility
for a minor.

(6) Blind—Any structure
assembled of man-made or
natural materials for the
purpose or having the effect
of promoting concealment
or increasing the field
of vision of a person.

(7) Buckshot—Lead
pellets ranging in size
from .24-inch to .36-inch
in diameter normally loaded
in a shotgun (includes,
but is not limited to 0
and 00 buckshot).

(9) Concurrent hunt—A
hunt that maintains the
same permit requirements,
hunt dates, means and methods,
or shooting hours or combinations
thereof for more than one
species of animal, as designated
and subject to any special
provisions.

(10) Consumptive user—A
person who takes or attempts
to take wildlife resources.

(11) Designated campsite—A
designated area where camping
and camping activities are
authorized.

(12) Designated days—Specific
days within an established
season or period of time
as designated by the executive
director.

(13) Designated road—A
constructed roadway indicated
as being open to the public
by either signs posted to
that effect or by current
maps and leaflets distributed
at the area. Roads closed
to the public may additionally
be identified by on-site
signing, barricades at entrances,
or informational literature
made available to the public.
Designated roads do not
include county or state
roads or highways.

(14) Designated target
practice area—An area
designated by on-site signing
or by order of the executive
director within which the
discharge of firearms for
target practice is authorized.

(15) Designated units of
the state park system—Specific
units of the state park
system approved by the commission
for application of provisions
of this subchapter.

(16) Disabled person—A
paraplegic or a person who
has a physician's statement
in their immediate possession
certifying that they qualify
for handicapped parking
privileges (criteria for
permanent ambulatory disability
as defined in Transportation
Code, Chapter 681).

(17) General Season—A
specified time period, or
designated days within a
specified time period, during
which more than one means
or methods (as designated)
may be used to take designated
species.

(18) Headwear—Garment
or item of apparel worn
on or about the head.

(19) Immediate supervision—Control
of a minor by an authorized
supervising adult issuing
verbal instructions in a
normal voice level.

(20) Lands within a desert
bighorn sheep cooperative—An
aggregation of lands for
which the concerned landowners
and the Texas Parks and
Wildlife Department have
agreed to coordinate efforts
to restore, manage, and
harvest desert bighorn sheep.

(21) Limited Public Use
(LPU) Permit—A [$10]
permit, valid from issuance
date through the following
August 31, which allows
access to designated public
hunting lands at the same
times that access is provided
by an APH permit. A LPU
permit does not authorize
the taking of wildlife resources[,
except on U.S. Forest Service
lands where restrictions
are placed on the type of
device for taking wildlife
which may be possessed].

(22) Limited use zone—An
area designated by order
of the executive director
and/or by boundary signs
on the area, within which
public use is prohibited
or restricted to specified
activities.

(23) Loaded firearm—A
firearm containing a live
round of ammunition within
the chamber and/or the magazine,
or if muzzleloading, one
which has a cap on the nipple
or a priming charge in the
pan.

(24) Minor—An individual
less than 17 years of age.

(25) Non-consumptive activities—Activities
which do not involve the
take or attempted take of
wildlife resources.

(26) On-site registration—The
requirement for public users
to register at designated
places upon entry to and
exit from specified public
hunting lands, but does
not constitute a permit.

(27) Permit—Documentation
authorizing specified access
and public use privileges
on public hunting lands.

(28) Predatory animals—Coyotes
and bobcats.

(29) Preference point system—A
method of special permit
distribution in which the
probability of selection
is progressively enhanced
by prior unsuccessful applications
within a given hunt category
by individuals or groups.

(30) Public hunting area—A
portion of public hunting
lands designated as being
open to the activity of
hunting, and may include
all or only a portion of
a certain unit of public
hunting land.

(31) Public hunting compartment—A
defined portion of a public
hunting area to which hunters
are assigned and authorized
to perform public hunting
activity.

(32) Public hunting lands—Lands
identified in §65.190
of this title (relating
to Application) or by order
of the executive director
on which provisions of this
subchapter apply.

(33) Regular Permit—A
permit issued on a first-come-first-served
basis, on-site, at the time
of the hunt that allows
the taking of designated
species of wildlife on the
issuing area.

(34) Restricted area—All
or portions of public hunting
lands identified by boundary
signs as being closed to
public entry or use.

(35) Sanctuary—All
or a portion of public hunting
lands identified by boundary
signs as being closed to
the hunting of specified
wildlife resources.

(36) Slug—A metallic
object designed for being
fired as a single projectile
by discharge of a shotgun.

(37) Special Permit—A
permit, issued pursuant
to a selection procedure,
which allows the taking
of designated species of
wildlife.

(38) Special package hunt—A
public hunt conducted for
promotional or fund raising
purposes and offering the
selected applicant(s) a
high quality experience
with enhanced provisions
for food, lodging, transportation,
and guide services.

(39) Tagging fee—A
fee which may be assessed
in addition to the special
permit fee for the harvest
of alligators for commercial
sale or prior to the attempted
harvest of desert bighorn
sheep or designated exotic
mammals.

(40) Texas Conservation
Passport (gold or silver
edition)—A permit
which provides group access
at designated times to designated
portions of public hunting
lands for non-consumptive
use as authorized under
the Texas Conservation Passport
Program.

(41) Wildlife management
area (WMA)—A unit
of public hunting lands
which is intensively managed
for the conservation, enhancement,
and public use of wildlife
resources and supporting
habitats.

(a) It is an offense for
a person without a valid
access permit to enter public
hunting lands, except:

(1) on areas or for activities
where no permit is required;

(2) persons who are authorized
by, and acting in an official
capacity for the department
or the landowners of public
hunting lands;

(3) persons participating
in educational programs,
management demonstrations,
or other scheduled activities
sponsored or sanctioned
by the department with written
approval;

(4) persons owning or leasing
land within the boundaries
of public hunting lands,
while traveling directly
to or from their property;

(5) for a non-hunting or
non-fishing adult who is
assisting a permitted disabled
person; or

(6) for minors under the
supervision of an authorized
supervising adult possessing
an APH permit or a LPU permit.

(b) A Texas Conservation
Passport (Gold or Silver)
provides group access to
designated public hunting
lands at times when non-consumptive
use is authorized under
the Texas Conservation Passport
Program. The Texas Conservation
Passport is not required
to hunt or fish, nor does
it authorize the taking
of wildlife resources or
provide access to public
hunting lands at times when
an APH permit, LPU permit,
regular permit, or special
permit is required.

(c) Annual Public Hunting
(APH) Permit and Limited
Public Use (LPU) Permit.

(1) It[Except
as provided in paragraphs
(2) - (4) of this subsection,
it] is an offense
for a person 17 years
of age or older to enter
public hunting lands or
take or attempt to take
wildlife resources on
public hunting lands at
times when an APH permit
is required without possessing
an APH permit or to fail
to display the APH permit,
upon request, to a department
employee or other official
authorized to enforce
regulations on public
hunting lands. [The
fee for the APH permit
is $40.]

(2) A person possessing
a LPU permit may enter public
hunting lands at times that
access is allowed under
the APH permit, but is not
authorized to hunt or fish[,
except as provided in paragraph
(3) of this subsection.
The fee for the LPU permit
is $10].

(3) Persons possessing
an APH permit, a LPU permit,
or Texas Conservation Passport
(Gold or Silver) may use
public hunting lands to
access adjacent public waters,
and may fish in adjacent
public waters from riverbanks
on public hunting lands.
[The APH permit is required
of each person 17 years
of age or older who enters
the Alabama Creek, Bannister,
Caddo, Moore Plantation,
or Sam Houston National
Forest WMAs and possesses
a centerfire or muzzleloading
rifle or handgun, a shotgun
with shot larger than #4
lead, or lawful archery
equipment or crossbow with
broadhead hunting point;
however, a person 17 years
of age or older may enter
these units with other legal
devices for hunting as defined
in this subchapter and take
specified legal wildlife
resources provided the person
possesses a LPU permit].

(4) The permits required
under paragraphs (1) - (3)
of this subsection are not
required for:

(A) persons who enter on
United States Forest Service
lands designated as a public
hunting area (Alabama Creek,
Bannister, Caddo, Moore
Plantation, and Sam Houston
National Forest WMAs) or
any portion of Units 902
and 903 for any purpose
other than hunting;

(B) persons who enter on
U.S. Army Corps of Engineers
lands (Aquilla, Cooper,
Dam B, Granger, Pat Mayse,
Ray Roberts, Somerville,
and White Oak Creek WMAs)
designated as public hunting
lands for purposes other
than hunting or equestrian
use;

(C) persons who enter Caddo
Lake State Park and Wildlife
Management Area and do not
hunt or enter upon the land;

(D) persons who enter and
hunt waterfowl within the
Bayside Marsh Unit of Matagorda
Island State Park and Wildlife
Management Area;

(E) persons who enter the
Bryan Beach Unit of Peach
Point Wildlife Management
Area and do not hunt; or

(F) persons who enter Zone
C of the Guadalupe River
Unit of the Guadalupe Delta
Wildlife Management Area
and do not hunt or fish.

(5) The permit required
by paragraphs (1) - (3)
of this subsection is not
valid unless the signature
of the holder appears on
the permit.

(6) A person, by signature
of the permit and by payment
of a permit fee required
by paragraphs (1) - (3)
of this subsection waives
all liability towards the
landowner (licensor) and
Texas Parks and Wildlife
Department (licensee).

(d) Regular Permit—A
regular permit is issued
on a first come-first served
basis at the hunt area on
the day of the scheduled
hunt with the department
reserving the right to limit
the number of regular permits
to be issued.

(e) Special Permit—A
special permit is issued
to an applicant selected
in a drawing.

(f) Permits for hunting
wildlife resources on public
hunting lands shall be issued
by the department to applicants
by means of a fair method
of distribution subject
to limitations on the maximum
number of permits to be
issued.

(g) The department may
implement a system of issuing
special permits that gives
preference to those applicants
who have applied previously
but were not selected to
receive a permit.

(h) Application fees.

(1) The department may
charge a non-refundable
fee, which may be required
to accompany and validate
an individual's application
in a drawing for a special
hunting permit.

(2) The application fee
for each person 17 years
of age or older listed on
an application for a special
hunting permit may not exceed
$25 per legal species [and,
unless otherwise established
by the commission, shall
be in the amount of:]

[(A) $2.00 in the general
drawings; and]

[(B) $10 for special
package hunts].

(3) The application fee
for a special hunting permit
is waived for a person under
17 years of age; however,
the minor must apply in
conjunction with an authorized
supervising adult to whom
an application fee is assessed,
except as provided in paragraphs
(4) and (5) of this subsection.

(4) The application fee
for a special permit is
waived for an adult who
is making application to
serve as a non-hunting authorized
supervising adult for a
minor in a youth-only drawn
hunt category.

(5) Persons under 17 years
of age may be disqualified
from applying for special
package hunts or may be
assessed the application
fee.

(6) The application fee
for a special permit is
waived for on-site applications
made under standby procedures
at the time of a hunt.

(7) In the event an application
for a special permit is
determined to be invalid,
then:

(A) the application card
may be returned to the applicant
for correction and resubmission,
provided the error is detected
prior to the time that the
application information
is processed; or

(B) the error will result
in disqualification of the
applicant(s).

(i) Legal animals to be
taken by special or regular
permit shall be stipulated
on the permit.

[(3) squirrel, game
birds (other than turkey),
rabbits and hares—$10;]

[(4) special package
hunts, desert bighorn
sheep—no charge.]

[(k)] Only one special
or regular permit fee will
be assessed in the event
of concurrent hunts for
multiple species, and the
fee for the legal species
having the most expensive
permit will prevail.

(k)[(l)]
Any applicable special or
regular permit fees will
be waived for minors under
the supervision of a duly
permitted authorized supervising
adult.

(l)[(m)]
Any applicable regular permit
fees for hunting or fishing
activities will be waived
for persons possessing an
APH permit.

(m)[(n)]
Certain hunts may be conducted
totally or in part by regular
permit. It is an offense
to fail to comply with established
permit requirements specifying
whether a regular permit
is required of all participants
or required only of adult
participants who do not
possess an APH permit.

(n)[(o)]
Any applicable regular permit
fees for authorized activities
other than hunting or fishing
will be waived for persons
possessing an APH permit,
a LPU permit, or Texas Conservation
Passport (Gold or Silver).

(o)[(p)]
Except for the Texas Conservation
Passport, all access permits
apply only to the individual
to whom the permit is issued,
and neither the permit nor
the rights granted thereunder
are transferable to another
person.

(p)[(q)]
It is an offense if a person
fails to obey the conditions
of a permit issued under
this subchapter.

65.194. Competitive Hunting
Dog Event (Field Trials)
and Fees. The department
may authorize field trials
on public hunting lands.
All activities conducted
pursuant to this section
shall be subject to the
provisions of this subchapter,
except as specifically provided
in this section.

(1) No person shall conduct
or participate in a field
trial on public hunting
lands unless the event has
been sanctioned by the department
through the issuance of
a Field Trial Permit in
accordance with this section.

(2) An application for
a Field Trial Permit shall
be submitted at least 90
days in advance of the proposed
event to the Wildlife Division
regional director in whose
region the proposed event
would take place. The application
shall include, at a minimum:

(A) the name, address,
and telephone number of
the sponsoring person(s)
or organization(s);

(B) the unit(s), compartment(s),
and approximate acreage
of public hunting lands
that the proposed event
would involve;

(C) the date(s) of the
proposed event, including
preparatory activity and
cleanup operations;

(D) the exact nature of
the event, including any
construction, facilities
emplacement, or other site
alterations;

(E) the number of participating
dogs, dog handlers, and
officials, respectively,
and the estimated number
of spectators;

(F) the fee for the field
trial permit as assessed
according to the number
of participating dog handlers
and officials as specified
by §53.5 of this title
(relating to Public Lands
Hunting Permits and Fees[follows:]

[(i) 10 or less participants—$100
per day;]

[(ii) 11-25 participants—$200
per day;]

[(iii) 26-50 participants—$300
per day;]

[(iv) 51-75 participants—$400
per day; and]

[(v) 76 or more participants—$500
per day].

(G) proof of liability
insurance for the event
in the amount of at least
$250,000, which shall include
coverage of personal injury
and property damage; and

(H) a performance bond
in the amount of $5,000
to assure restoration of
the involved public hunting
lands to pre-field trial
conditions.

(3) Approval or denial
of the permit application
shall be at the sole discretion
of the regional director
and shall be based on the
anticipated impact the proposed
event would have:

(A) on the natural resources
of public hunting lands;
and

(B) on other events or
activities authorized or
conducted by the department.

(4) The regional director
shall, within 30 days of
receipt of such application,
notify the applicant of
approval or denial of the
application. If the application
is approved, the field trial
permit shall be issued in
the form of a letter to
the applicant. Any requirements
or restrictions in addition
to the provisions of this
subchapter shall be specified
in the permit.

(5) The field trial permit
shall be present and available
on-site during all field
trial activities. The permittee
shall, prior to commencing
any competition, attach
to the permit an accurate
list containing the names
and social security numbers
of all dog handlers and
officials who at any time
participate in the event.
The aggregate number of
participants named on the
list shall not exceed the
number of participants authorized
by the field trial permit.
The list shall be sent to
the regional director no
later than ten days following
the conclusion of the event.

(6) All persons named on
the list as officials or
dog handlers shall, during
the event, be exempt from
the access permit requirements
of this subchapter. All
other persons attending
the event shall be subject
to the provisions of this
subchapter relative to requirement
of an access permit.

(7) The permittee is responsible
and liable for the actions
of all field trial participants,
spectators, and dogs during
all activities conducted
during this event.

(8) All construction, facilities
emplacement, or other site
alterations shall be performed
and removed strictly in
accordance with the conditions
of the field trial permit.
The permittee shall not
be released from the obligations
of this section and the
performance bond shall not
be returned to the permittee
until the department is
satisfied that the site
has been restored to pre-trial
conditions.

(9) During any field trial
activity, it is an offense
for any person attending
the event or named on the
list required by subsection
(e) of this section to:

(A) violate any condition
of the field trial permit;
or

(B) take or attempt to
take any animal or bird.

This agency hereby certifies
that the proposal has been
reviewed by legal counsel
and found to be within the
agency’s authority
to adopt.

I.
DISCUSSION: The
provisions of House Bill
3123, enacted by the 77th
Texas Legislature, require
Texas Parks and Wildlife,
with the assistance of
the Comptroller of Public
Accounts, to develop standards
for Wildlife Tax Valuation
to be used by chief appraisers
across the state. Once
formulated, the standards
are required to be promulgated
as regulations by the
Comptroller. Staff has
sought public input and
developed a representative
advisory committee with
the help of that input.
After several meetings
with the Advisory Committee
and the authors of H.B.
3123, the Advisory Committee
reached a consensus on
the approach and the mechanisms
for the valuation standards.
Staff is at present engaged
in drafting regulatory
language to be forwarded
to the Comptroller’s
Office, which will publish
the proposed rules in
the Texas
Register for
public comment. Following
adoption, the regulations
will be in effect for
the 2002 tax year.